What Travel Documents are needed to bring wife's son back here to the US (without her)?(merged)

[Falcon Cara 378]

43 minutes ago, n8blogg said:

To be very blunt, I guess what I'm really trying to say is this: a white guy taking an 11 yr old Filipino boy through Immigration and across country borders always looks a little odd/suspicious (to me and probably a lot of other ppl too) and I don't want there to be any confusion or suspicion as much as I can help it. I just want this to be as smooth of a process as it can be, and need to find out (preferably from someone who has actually done this from Philippines) what documents I need to accomplish this. 

 

 

Your at risk of being arrested and charged since the child isn't your relative, you need the mother to take care of this;

Or see if he is old enough to fly by himself, I think airlines charge about $100 more if they meet the requirements.

 

Republic Act 7610 -  Look specifically at Section 6

https://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html

 

Guys get charged and arrested in Philippines for being alone friends children's, and once you get in jail in Philippines it may be years before you ever get a trail. 

 

Do your due diligence on this, it's a risk I wouldn't do personally.

 

 

[Hank_ 9,174]

1 hour ago, n8blogg said:

Quick background: My fiance (now my wife) immigrated here in Jan. 2019 on a K-1, we got married in March and filed for AOS April 15. We are now waiting on EAD/AP and GC. Her 11 yr old son was listed on all the previous paperwork and was listed as a 'Follow-to-join' (we wanted her to get settled here and him to finish his school year there in Philippines). We are now stuck in that waiting period to get her Advance Parole and GC, but we need to get him here before school starts in August. 

 

I am planning on picking him up and bringing him back since the timelines for a GC and even AP are absurd. It's been super hard to find exactly what permission/documantation is needed for me to do this. I know I need a notarized letter w her permission to bring him back, but I really can't find any concrete info on what else is needed, if anything. He has a passport and he uses his father's last name. His father's name is on the birth certificate and is still a part of his life albeit a minor one. My wife and her son's dad were never married, but he is married now and is totally ok w/ us bringing his son here to the US. I'm guessing some form of written permission from him would be good to have although maybe not technically necessary. I've read that unwed mothers in the philippines automatically have sole-custody of the child, but again it's always better to err on the side of caution in instances like this.

 

To be very blunt, I guess what I'm really trying to say is this: a white guy taking an 11 yr old Filipino boy through Immigration and across country borders always looks a little odd/suspicious (to me and probably a lot of other ppl too) and I don't want there to be any confusion or suspicion as much as I can help it. I just want this to be as smooth of a process as it can be, and need to find out (preferably from someone who has actually done this from Philippines) what documents I need to accomplish this. 

 

ALSO, I know I need to have his K-2 medical and the interview done in Manila just like my wife had to do. From what I've gathered, the next steps I need to take are that I need to fill out a DS-160 and then schedule the medical appt. Is there additional steps I need to take before I can schedule the medical? Do I need to have copies of the I-129F or anything like that? It's been kind of difficult to find any really clear info on this exact situation in VJ, so any links/references are much appreciated. Thanks in Advance!

 

With "follow to join"   the child's visa must be ISSUED before the 1 year date for your wife's K-1.

 

You will need special documents to travel with the child.  What you need to travel with the child, start reading here:   https://www.dswd.gov.ph/frequently-ask-questions-faqs/    Travel Clearance for Minors

[Loren Y 2,755]

I think no matter what, he is still going to need a visa? Just being on the petition won't get him in. He will have to do a medical, possible interview, police clearance, and everything to get the K2. My wife now added her son on our petition, but he is still unsure if he wants to come to the good old USA, so I haven't looked into it that much yet, but I think it will take some time to get him set-up to come here anyway. Only have a year to follow also, so he knows he has to make a final decision soon. And if he does come, I'm out another 1225 AOS fee ( Just to note for yourself, where he could have been included with the original AOS), and most embassy's will want to see not just a letter from the parents, but sometimes a court order allowing sibling to travel, not sure how the Philippines does it.

[Just Paul 4,595]

He needs the interview, medical for the visa.  He is too young for the Police Clearance and CFO.  A US based power of attorney should be enough to get you in to accompany his interview.

 

Carry over from your other post, if you can get a notarized letter for the Embassy and Immigration from the father, since he has the father's last name.  

 

I'd suspect you won't be able to bring him unless his mother accompanies him which I remember she is still awaiting the AP.

 

The two critical things are - getting the visa before the one year expires (based on her K1 approval date)  and traveling before that visa expires.  A K2 follow to join then has up to a year to travel if my memory is correct.

[Ontarkie 14,221]

~~Duplicate threads merged and kept in the PI forum rather than the K1 forum as some parts of the OP's questions are country specific.~~

[payxibka 10,045]

42 minutes ago, Loren Y said:

Iand most embassy's will want to see not just a letter from the parents, but sometimes a court order allowing sibling to travel, not sure how the Philippines does it.

Your right, you don't know how it works in Philippines, embassy will not require paternal permission or court order

Edited May 31, 2019 by payxibka

[Loren Y 2,755]

25 minutes ago, payxibka said:

Your right, you don't know how it works in Philippines, embassy will not require paternal permission or court order

That's why I said some embassy's,  I just wanted to make sure OP covered all his bases. Better to find out now than 2 days before the interview. I still can't believe they will let one of the parents just take their child out of the country without consent, but different countries different rules.

Edited May 31, 2019 by Loren Y

[Greenbaum 12,259]

3 hours ago, n8blogg said:

I thought about that, just wasn't sure where would be the best place to ask . I'll do that as well. Thanks!

I highly recommend that you work with @Hank_ as he has many years of helping those  with K1 and K2's from the PI. He can help you with the documents that you'll for the interview and what is needed to take the child with you to the US. He understands what needs to be done. 

[HRQX 4,145]

On 5/30/2019 at 4:40 PM, Paul & Mary said:

He is too young for the Police Clearance and CFO.

Still needs to register with CFO: https://www.cfo.gov.ph/rnr-pdos.html

Quote

*Exempted from attending the PDOS/Peer Session but still need to register personally or by proxy.

 

[n8blogg 4]

Thanks again to all the people who responded to my post on here. After talking through the options with my wife and weighing the pros/cons, I think we have decided that we will just wait until she gets her Advanced Parole so she can go pick up her son. Ultimately, there's just too many things that could go wrong with me going to pick him up without her and I will be on kind of a short timeline for a trip out there, so we are just going to wait and have him start school once we can get him here. 

[Hank_ 9,174]

Good plan!    

[Commish10 427]

When a K1/K2 is filed and ready for interview, does fiancee and child interview at the same time? Is the child given a 1 year expiry date on their visa for follow to join?

[payxibka 10,045]

5 minutes ago, Commish10 said:

Is the child given a 1 year expiry date on their visa for follow to join?

No.  The one year follow to join is for issuance of the Visa (afterthe k1 is issued).   Once the visa is issued it is subject to the same 6 mos. from medical expiry

[Commish10 427]

2 minutes ago, payxibka said:

No.  The one year follow to join is for issuance of the Visa (afterthe k1 is issued).   Once the visa is issued it is subject to the same 6 mos. from medical expiry

Can a relative take the child for medical and interview while the fiancee/ wife is in the US? How do they interview a 3 year old?

[n8blogg 4]

53 minutes ago, Commish10 said:

Can a relative take the child for medical and interview while the fiancee/ wife is in the US? How do they interview a 3 year old?

I actually had this question as well. We were planning on having my wife's sister take our boy to the medical at least (and maybe the interview too if possible). It seemed like at the medical appt they wouldn't be too concerned w it being the actual parent as long as it was a relative or something. At the Manila clinic, there's hundreds of ppl just standing around and lines everywhere, it just didn't seem organized enough for them to keep track of or care about to me.